The Canadian Charter of Rights and Freedoms | Constitutional Law

Running head: CONSTITUTIONAL LAW
CONSTITUTIONAL LAW
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CONSTITUTIONAL LAW1
Introduction
The Canadian Charter of Rights and Freedoms sets out various freedoms and rights that
the Canadians believe are considered to be necessary in order to exist in a free as well as
democratic society. The Charter is a part of the Canadian Constitution and it sets out various
laws and legislations, which would comprise of certain basic rules about how a country should
operate. For instance, it is considered to state several powers related to the state as well as the
federal level along with provincial and other territorial governments in Canada.
This paper discusses the Canadian Charter and other constitutional requirement of the
Bill 1,2,3 and if such are made into law whether such would violate the provisions laid down in
the Charter. Furthermore, it would also try to discuss what would be struck down as
unreasonable breach by using the section 7 and section 15 of the Canadian Constitution along
with trying to understand the court’s jurisprudence regarding it. In conclusion, it would
summarize the points that have been dealt with in the paper.

CONSTITUTIONAL LAW2
Discussion
The Constitution is considered to be the supreme law for Canada and all the other
legislations and regulatory framework would be consistent with the rules or the regulations that
have been set out with it. If such are not in compliance with the regulations of the framework
then they are not considered to be valid. Therefore, since the Charter forms a part of the
Constitution they would also form a significant part for the law that has been laid down in
Canada. However, it can also be understood that the rights and the freedom, which have been
laid down in the Charter, are not considered to be absolute as they would restrict other rights or
the national values which are significant. Section 1 of the Charter provides that the rights can be
limited as long as such can be shown in a reasonable and free democratic society. It can be
observed from the case of Hunter et al. v. Southam Inc. [1984] 2 SCR 1451 where the individuals
have the right to protect themselves against any kind of unreasonable search and seizures.
Therefore, if there were a violation of such rights then the individuals would face certain kinds of
punishment for such breach2.
The Charter is considered to protect the rights of any individual in Canada whether they
are a newcomer or they have had a permanent residence. Although, there are certain exceptions
to it as the Charter gives the rights to those Canadian citizens who have the right to vote which
have been laid down in section 3 and the right to enter or remain in and also leave Canada which
would be section 6.
1 Hunter et al. v. Southam Inc. [1984] 2 SCR 145
2 Albert, Richard, and David R. Cameron, eds. Canada in the world: comparative perspectives on the Canadian
Constitution. Cambridge University Press, 2017.